Category: Printed
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Giving BioJet Wings: Policy Instruments for a Carbon Neutral Aviation Sector
Sustainable Aviation Fuels (“SAFs”) entered commercial markets a decade ago to replace fossil fuels. Unlike in road transport, where biofuels have been gradually deployed, the uptake of SAF in aviation has been very slow. The objective of this article is to explore how policymakers around the world have responded to the call to make aviation…
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Wringing Wonder From the Arid Landscape of Law
INTRODUCTION It is easy to celebrate the multi-faceted work of Charles Wilkinson. His public service has given voice to many lives and communities. His teaching has transformed ambitions, including my own.[2] His wide-ranging writing has inspired uncounted thousands. Canvassing Professor Wilkinson’s full influence would require an article that would swallow any single…
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Speech: Cost-Nothing Analysis: Environmental Economics in the Age of Trump
I am going to talk tonight about economic analysis of environmental policy. My talk has four main parts, plus a conclusion that not everyone will like. First, I’m going to explain how, over several decades, cost-benefit analysis came to dominate federal environmental policy. Next, I will explain why I believe cost-benefit analysis is a problematic…
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Fluid Standing: Incorporating the Indigenous Rights of Nature Concept into Collaborative Management of the Colorado River Ecosystem
Introduction Across the globe, what was once unthinkable is now coming into practice: national governments have acquiesced to their indigenous peoples’ beliefs that natural resources such as trees and rivers deserve the same rights generally reserved for humans.[2] These governments are starting to recognize the rights of nature by bestowing legal personhood. Black’s Law Dictionary…
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Assured Water Supply Laws in the Western States: The Current State of Play
ABSTRACT Better integration of water and land use planning has become an almost universal rallying cry in areas of water scarcity. A starting point for this integration is the consideration of the availability of water to serve new development in the process of land use approval by a local government. Requirements for subdividers…
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An Alternative to the Absolute Bar Effect of Statutes of Repose
INTRODUCTION This Note discusses two time-to-file requirements in the context of toxic tort litigation: statutes of limitation and statutes of repose. Plaintiffs first must file on time according to the relevant statute of limitation. However, toxic torts often involve latent injuries, where injuries do not manifest until many years after the initial exposure to some…
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Hydraulic Fracturing, Radioactive Waste, and Inconsistent Regulation
Introduction Innovation in hydraulic fracturing and the shift from traditional drilling to advanced hydraulic fracturing has changed the face of oil and gas production in the United States, resulting in a boom in production. The increase in production also means an increase in hydraulic fracturing waste.[2] Ninety-eight percent of oil and gas waste is produced…
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The BLM’s Duty to Incorporate Climate Science into Permitting Practices and a Proposal for Implementing a Net-Zero Requirement into Oil and Gas Permitting
Introduction: “Climate risk is investment risk.” The statement applies to asset managers, whether the investment is money or land. “Climate risk is investment risk,” announced Larry Fink in a letter to CEOs this January.[4] Mr. Fink is the Founder, Chairman and CEO of BlackRock, the largest money-management firm in the world, with…
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International Energy Investments and Unrecognized States: Opportunities and Risks for Private Actors
The recognition of an entity as a state is pivotal in international law. Whether it be that recognition grants statehood or merely confirms a state’s legal existence, it has important implications for the concerned entity and for the entire international community. This article analyzes the impact of non-recognition on private energy companies holding investment interests…
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A Sustainable Olympic Games: Applying the NEPA Framework to Reevaluate Olympic Site Selection
Introduction In the late nineteenth century, Pierre de Coubertin proposed the revival of the Olympic Games, which came to life in 1896 as the modern Olympic Games in Athens, Greece.[2] The widely popular ancient Olympic Games ceased in 393 or 394 A.D., when Roman Emperor Theodosious I rejected them as a celebration of…